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The Celtic League have asked the European Prisons watchdog (The CPT) to make its 'Standards' guidance more specific in relation to facilities to be provided to serious or terminally ill prisoners. It follows the failure of a Scottish court to grant bail to a Libyan held in connection with the Lockerbie bombing.
The League says that whilst this case has attracted widespread publicity the plight of terminally ill prisoners generally in European jails has not been addressed.
"Secretariat of the CPT Council of Europe F-67075 Strasbourg Cedex France 11 November 2008
Dear Sir,
Ref: Medical Facilities Prisoners with Serious or Terminal Conditions
I write following the recent high profile case in Scotland of Abdelbaset Ali al-Megrahi, who was refused bail on compassionate grounds despite the fact that he is suffering from a serious illness.
The Scottish Judge hearing the case said that:
"On balance the court is not persuaded, on the information before it, that it should (grant bail,"
"While the disease from which the appellant suffers is incurable and may cause his death, he is not at present suffering material pain or disability."
"The full services of the National Health Service are available to him, notwithstanding he is in custody."
He added that:
"If he responds well to the course of palliative treatment which he has now started, his life expectancy may be in years,"
I note that the CPT set out in 'the Standards' paras 38-40 that there should be 'equivalence of care' provided to prisoners. I am also aware that the CPT has been critical of medical care within the British Prison Service generally which must call into question the judges remark about the full services of the National Health Services being available.
Whilst the case of Mr al-Megrahi is high profile it strikes us that many less well publicised cases of inmates who contract terminal conditions within the European Prison systems are never heard about. In these cases individuals must suffer their final weeks and months in the most wretched of conditions.
I do hope that the CPT will revisit 'the standards' and define more clearly when on compassionate or humanitarian grounds facilities, particularly hospice facilities within the community, should be accessible to prisoners.
Yours sincerely
J B Moffatt"
The CPT 'Standards' document can be found here:
J B Moffatt Director of Information Celtic League 19/11/08
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